Regular 4.
Regular City Council Meeting
- Meeting Date:
- 12/14/2020
- TITLE
- Project ReCode - Zoning Code Amendment and Zoning Map Update - Continued 1st Reading and Public Hearing
- PRESENTED BY:
- Nicole Cromwell
- Department:
- Planning & Community Services
- Division:
- Planning
RECOMMENDATION
The City Zoning Commission conducted seven public hearings on the Zoning Code Amendments and Zoning Map Update. At the final public hearing on October 14, 2020, the Zoning Commission voted 5-0 to recommend approval of the Zoning Code Amendment and the Zoning Map Update to the City Council.
The City Council began the 1st Reading of the Ordinance for the Zoning Code Amendment and the Zoning Map Update at its meeting on November 9 and continued the 1st Reading and kept the hearing open. A second session of 1st Reading was held on November 23, 2020. Again, the Council continued the 1st Reading and kept the hearing open. The City Council may complete its 1st Reading action and public hearing process at this meeting.
The City Council began the 1st Reading of the Ordinance for the Zoning Code Amendment and the Zoning Map Update at its meeting on November 9 and continued the 1st Reading and kept the hearing open. A second session of 1st Reading was held on November 23, 2020. Again, the Council continued the 1st Reading and kept the hearing open. The City Council may complete its 1st Reading action and public hearing process at this meeting.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
The City Zoning Commission has concluded a series of seven public hearings reviewing the Zoning Code Amendments and Map Update through Project Re:Code, a three-year collaborative effort initiated by the Yellowstone County Board of Planning in June 2017. The mission of the initiative by the Board was to ensure the zoning regulations for the City and County were updated to help implement the Growth Policies and community goals. The current regulations were first adopted in the County in 1972, have not been thoroughly updated since adoption, and were no longer meeting the needs of the community.
The new code will replace the existing zoning code in its entirety (BMCC Chapter 27). The 2016 Billings Growth Policy and the Project Steering Committee set of Guiding Principles were the foundation of all the work and drafting of the new code. The Steering Committee consisted of 18 members appointed by the City/County Planning Board to oversee and guide the community effort to re-draft the zoning for the city and county. The Steering Committee appointed four Working Groups to tackle the labor intensive work of reading, editing, and creating this new code. Those Working Groups were: Urban Issues, County Issues, Landscaping and Signs. Each member of the Steering Committee and Working Groups put in literally hundreds of volunteer hours to make this code update possible. The City and County each contributed funds for the hiring of a consultant team to work with staff and the Working Groups. The consultant team provided expertise in writing zoning
codes, legal issues in land use, urban design, landscape design, assessing neighborhood character and local design knowledge.
The draft code is a uniquely Billings zoning code. You will not read this code and think of Boise, ID, Rapid City, SD or Bozeman, MT. We did take best practices from peer cities and used them to fit our local needs and future vision for improving the quality of development and supporting attraction of new businesses and residents to our community. The consultant team and our volunteers crafted this code to fit this city and to help it achieve its stated growth goals in the City's 2016 Growth Policy:
The new code will replace the existing zoning code in its entirety (BMCC Chapter 27). The 2016 Billings Growth Policy and the Project Steering Committee set of Guiding Principles were the foundation of all the work and drafting of the new code. The Steering Committee consisted of 18 members appointed by the City/County Planning Board to oversee and guide the community effort to re-draft the zoning for the city and county. The Steering Committee appointed four Working Groups to tackle the labor intensive work of reading, editing, and creating this new code. Those Working Groups were: Urban Issues, County Issues, Landscaping and Signs. Each member of the Steering Committee and Working Groups put in literally hundreds of volunteer hours to make this code update possible. The City and County each contributed funds for the hiring of a consultant team to work with staff and the Working Groups. The consultant team provided expertise in writing zoning
codes, legal issues in land use, urban design, landscape design, assessing neighborhood character and local design knowledge.
The draft code is a uniquely Billings zoning code. You will not read this code and think of Boise, ID, Rapid City, SD or Bozeman, MT. We did take best practices from peer cities and used them to fit our local needs and future vision for improving the quality of development and supporting attraction of new businesses and residents to our community. The consultant team and our volunteers crafted this code to fit this city and to help it achieve its stated growth goals in the City's 2016 Growth Policy:
"In the next 20 years, Billings will manage its growth by encouraging development within and adjacent to the existing City limits, but preference will be given to areas where City infrastructure exists or can be extended within a fiscally constrained budget and with consideration given to increased tax revenue from development. The City will prosper with strong neighborhoods with their own unique character that are clean, safe, and provide a choice of housing and transportation options."
ALTERNATIVES
Before making a decision of the proposed Zoning Code Amendments and the Zoning Map Update, the City Council shall consider the Zoning Commission proposed findings of the ten review criteria.
1. Whether the new zoning is designed in accordance with the growth policy; The proposed Zoning Amendments and Map Updates are consistent with the 2016 Billings Growth Policy Statement and Growth Guidelines:
Statement: "In the next 20 years, Billings will manage its growth by encouraging development within and adjacent to the existing City limits, but preference will be given to areas where City infrastructure exists or can be extended within a fiscally constrained budget and with consideration given to increased tax revenue from development. The City will prosper with strong neighborhoods with their own unique character that are clean, safe, and provide a choice of housing and transportation options."
Growth Guidelines:
Essential Investments (relating to public and private expenditures to public values)
1. Whether the new zoning is designed in accordance with the growth policy; The proposed Zoning Amendments and Map Updates are consistent with the 2016 Billings Growth Policy Statement and Growth Guidelines:
Statement: "In the next 20 years, Billings will manage its growth by encouraging development within and adjacent to the existing City limits, but preference will be given to areas where City infrastructure exists or can be extended within a fiscally constrained budget and with consideration given to increased tax revenue from development. The City will prosper with strong neighborhoods with their own unique character that are clean, safe, and provide a choice of housing and transportation options."
Growth Guidelines:
Essential Investments (relating to public and private expenditures to public values)
- Planning and construction of safe and affordable interconnected sidewalks and trails are important to the economy and livability of Billings.
- Developed parks that provide recreation, special amenities (community gardens, dog parks, viewing areas), and active living opportunities are desirable for an attractive and healthy community
- Natural landscapes are important because they define the uniqueness of Billings and help protect the environment
- Landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors
- Infill development and development near existing City infrastructure may be the most cost effective
- The history and heritage of Billings are cornerstones of our community Neighborhoods that are safe and attractive and provide essential services are much desired
- Infrastructure and service investments that stabilize or improve property values, secure future utility costs, consider maintenance costs, and improve our environmental quality far into the future (i.e.. energy efficient) are desirable
Place Making (enhance, maintain, preserve and improve existing public places):
- Enhancement and maintenance of public spaces and buildings through City stewardship is integral to a vibrant community
- Public and private partnerships are valuable for creating enhanced entryways into Billings
- Locally grown foods help sustain agriculture, provide healthy options, and support local businesses
- Encouraging the installation of art in public spaces enhances the places and showcases the talents and diversity of the community
- Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity
- Attractive street scapes provide a pleasant and calming travel experience in urban and suburban neighborhoods
- Outdoor public spaces provide casual and relaxing gathering areas for people Cost-effective landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors
Strong Neighborhoods (livable, safe, sociable and resilient neighborhoods)
- Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
- Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction
- Safe and livable neighborhoods can be achieved through subdivision design walkable access to public spaces
- Implementation of the Infill Policy is important to encourage development of underutilized properties
Home Base (healthy, safe and diverse housing options)
- A mix of housing types that meet the needs of a diverse population is important The Housing Needs Assessment is an important tool to ensure Billings recognizes and meets the demands of future development
- Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe
- Homes that are safe and sound support a healthy community
- Accessory dwellings units provide an important type of affordable housing options if compatible
Mobility and Access (transportation choices in places where goods and services are accessible to all)
- Connecting people to places with transportation choices is vital to the well-being of Billings’ residents, businesses and visitors
- Safe and accessible transportation systems benefit everyone’s quality of life Affordable public transit is much desired
- Development oriented to transit routes will provide more transportation choices and is preferred
- Predictable, reasonable City taxes and assessments are important to Billings’ taxpayers
- A diversity of available jobs can ensure a strong Billings’ economy Successful businesses that provide local jobs benefit the community Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
- Retaining and supporting existing businesses helps sustain a healthy economy
- Whether the new zoning is designed to secure from fire and other dangers;
- Whether the new zoning will promote public health, public safety and general welfare;
4. Whether the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;
Transportation: The proposed zoning code should help the city provide transportation across the entire spectrum of options from public transit, private vehicles, walking and biking. Sprawling development patterns of homogenous land uses separated by miles from different land uses is an unsustainable development pattern that does not align with the future community vision in the Growth Policy. It unnecessarily increases vehicle trips, drives up demand for parking spaces, wider and more abundant high speed arterial streets, contributes to air pollution and unhealthy life styles. The proposed code will enable new neighborhoods to be close to everyday services, will require amenities that support walking (street trees), and allow compact site designs that are currently prohibited by our out-of-date zoning.
Water & Sewer: The proposed code will make extension and renewal of existing city water and sewer services more sustainable by allowing traditional development patterns to persist and to be replicated in new neighborhoods.
Schools and Parks: Schools and parks should be sustainable with the new zoning code. The creation of new Public zone districts specific for these public facilities will help maintain these large pieces of the community fabric in neighborhoods. Demand for additional classroom space further and further from the urban core may persist for some time, but the sustainability and renewal of close in neighborhoods should provide more opportunity for in-fill that will maintain student populations within existing schools. Parks will be part of every new Planned Neighborhood Development and will be developed. The requirement can count towards the state requirement for dedication of parkland for new residential subdivisions (or payment of cash-in-lieu), but every new neighborhood will have at least a small gathering space to improve the sociability and resiliency of these new areas.
Water & Sewer: The proposed code will make extension and renewal of existing city water and sewer services more sustainable by allowing traditional development patterns to persist and to be replicated in new neighborhoods.
Schools and Parks: Schools and parks should be sustainable with the new zoning code. The creation of new Public zone districts specific for these public facilities will help maintain these large pieces of the community fabric in neighborhoods. Demand for additional classroom space further and further from the urban core may persist for some time, but the sustainability and renewal of close in neighborhoods should provide more opportunity for in-fill that will maintain student populations within existing schools. Parks will be part of every new Planned Neighborhood Development and will be developed. The requirement can count towards the state requirement for dedication of parkland for new residential subdivisions (or payment of cash-in-lieu), but every new neighborhood will have at least a small gathering space to improve the sociability and resiliency of these new areas.
- Whether the new zoning will provide adequate light and air;
- Whether the new zoning will effect motorized and non-motorized transportation;
- Whether the new zoning will promote compatible urban growth;
- Whether the new zoning considers the character of the district and the peculiar suitability of the property for particular uses;
- Whether the new zoning will conserve the value of buildings;
- Whether the new zoning will encourage the most appropriate use of land throughout the City of Billings.
FISCAL EFFECTS
The proposed amendment and zoning map update should not have a significant effect on the Planning Division budget. The Division has developed some application fees that will apply to some of the new types of administrative processes outlined in the code to help cover costs. These fees have already been approved as part of the FY21 Planning Division budget.
Attachments
- Ordinance Project ReCode Dec 14 2020
- Exhibit A Complete Code December Adoption Draft
- Exhibit B1 Zoning Map Updates
- Exhibit B2 Draft Zoning Maps (Before Updates)
- Zoning Map Legend
- Exhibit C Amendments and Adjustments to Exhibit A
- Clarifications of Council and Community Questions and Concerns
- ReCode City Legal Review